Collins v. Martinez et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
REGINALD W. COLLINS, JR., 	§
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Plaintiff,
vs.
MORAN MARTINEZ, et al. ,
Defendants.
§ 	CIVIL ACTION NO. 4:25-CV-01293
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ORDER OF DISMISSAL WITHOUT PREJUDICE
Plaintiff Reginald W. Collins, Jr. filed this suit while confined in the Harris County
Jail. On April 9, 2025, the Court ordered the plaintiff to submit a More Definite Statement
to clarify his claims and warned him that the failure to comply with the order within thirty
days could result in the dismissal of this case for want of prosecution. 	Doc. No. 6. In
addition, the Court granted Collins ' s motion for leave to proceed in forma pauperis,
ordering him to pay $5 a month towards the $350 filing fee pursuant to Gay v. Texas Dep 't
of Corrections, State Jail Div. , 117 F.3d 240, 242 (5th Cir. 1997). 	See Doc. 5. 	His first
installment was due on or before May 15 , 2025. Id. at 2. 	He was also ordered to provide
a More Definite Statement to clarify his claims. 	Doc. No. 8. 	To date, he has not paid the
fee, nor has he submitted a More Definite Statement as required. 	In its notices, the Court
has warned the plaintiff that if he does not comply with the Court's orders that this case
would be dismissed. Id.
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United States District Court
Southern District of Texas
ENTERED
June 11, 2026
Nathan Ochsner, Clerk
Case 4:25-cv-01293 Document 9 Filed 06/11/26 in TXSD Page 1 of 2

The plaintiffs failure to pursue this action lea ds the Court to conclude that he lacks
due diligence. Therefore, under the inherent powers necessarily vested in a district court
to manage its own affairs, this Court determines that dismissal for want of prosecution is
appropriate. 	See FED. R. CIV. P. 4l(b) ; Slack v. McDaniel, 529 U.S. 473, 489 (2000)
(stating that "[t]he failure to comply with an order of the court is grounds for dismissal
with prejudice"); Lars on v. Scott, 157 F.3d 1030 (5th Cir. 1998) (noting that a court may
sua sponte dismiss an action for failure to prosecute or to comply with any court order).
The plaintiff is advised, however, that relief from this order may be granted upon a
proper showing in accordance with Rule 60(b) of the Federal Rules of Civil Procedure
within thirty days of the date of this Order. 	A proper showing includes, at minimum, full
compliance with the Court 's previous instructions and orders, regarding paying the filing
fee in installments and submitted a More Definite Statement as required.
Accordingly, the Court ORDERS as follows:
1. 	This case is DISMISSED without prejudice for want of prosecution.
2. 	All pending motions, if any, are DENIED as MOOT.
The Clerk will enter this Order, providing a correct copy to all parties of record.
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SIGNED on this 	t I 	day of June 2026.
ANDREW S. HANEN
UNITED STATES DISTRICT JUDGE
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